Awaiting 1-130 vs. new H-2B

[mistermannley]

My wife is a Legal Permanent Resident in the U.S. She filed the I-130 to bring her unmarried daughter under 21 years of age (immigrant petition) to the U.S. about 6 months ago. Now, my wife's daughter wants to come to the U.S. on a H-2B work visa.

#1. Is it possible for my wife's daughter to obtain a H-2B visa while, at the same time, being the beneficiary of an immigrant petition?

#2. If this is possible, will either affect the approval of the other?

 

[GotPR?]

here is the law. Described is the case one filed employment based GC through H2, but it is pretty much interpretted that immigration intent is not allowed for H2 and H2 is most likely not granted once immigration petition was filed.
Furthermore, to be qualified to H2B, she must have some special ability such as an artist, athlete etc.


(16) Effect of approval of a permanent labor certification or filing of a preference petition on H classification- -


(i) H- 1B or H-1C classification . The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an H-1C or H-1B petition or a request to extend such a petition, or the alien's admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an H-1C or H-1B nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States. (Revised 6/11/01; 66 FR 31107 ) (Paragraph (h)(16)(i) revised effective 7/1/99; 64 FR 29208 )


(ii) H-2A, H-2B, and H-3 classification. The approval of a permanent labor certification, or the filing of a preference petition for an alien currently employed by or in a training position with the same petitioner, shall be a reason, by itself, to deny the alien's extension of stay.